Spanning 432 pages, this guide offers an in-depth analysis of the Benami Transactions (Prohibition) Acts, including the 1988 Act and its amendments through the Finance Act of 2021. Designed for legal professionals, students, and anyone interested in understanding the complex legal framework surrounding benami properties, the book provides detailed sections on prohibition, authorities, adjudication, confiscation, and more, alongside frequently asked questions and case laws. Now available with a 27% discount plus free shipping for a limited time.
Introduction
BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY} ORDINANCE, 1988
2
BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988
3
THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988
7
AMENDMENT BY THE FINANCE ACT, 2021
7
FREQUENTLY ASKED QUESTIONS (FAQS)
7
Chapter 1
Preliminary
SECTION 2 – DEFINITIONS
16
FREQUENTLY ASKED QUESTIONS {FAQs)
97
Chapter 2
Prohibition of Benami Transactions
SECTION 3 – PROHIBITION OF BENAMI TRANSACTIONS
123
SECTION 4. PROHIBITION OF THE RIGHT TO RECOVER PROPERTY HELD BENAMI
129
[SECTION 5- PROPERTY HELD BENAMI LIABLE TO CONFISCATION
135
[6. PROHIBITION ON RE-TRANSFER OF PROPERTY BY BENAMIDAR
138
RELEVANT CASE LAWS
139
FREQUENTLY ASKED QUESTIONS {FAQ’S}
145
Chapter 3
Authorities
SECTION 7. ADJUDICATING AUTHORITY
151
SECTION 8 to SECTION 17
151
SECTION 18. AUTHORITIES AND JURISDICTION
151
SECTION 19. POWERS OF THE AUTHORITIES
152
SECTION 20. CERTAIN OFFICERS TO ASSIST IN INQUIRY, ETC.
157
SECTION 21. POWER TO CALL FOR INFORMATION
158
SECTION 22. POWER OF AUTHORITY TO IMPOUND DOCUMENTS
158
SECTION 23. POWER OF AUTHORITY TO CONDUCT ENQUIRY, ETC.
160
FREQUENTLY ASKED QUESTIONS {FAQS)
161
Chapter 4
Attachment, Adjudication and Confiscation
SECTION 24. NOTICE AND ATTACHMENT OF PROPERTY
164
INVOLVED IN BENAMI TRANSACTION
164
SECTION 25. MANNER OF SERVICE OF NOTICE
171
SECTION 26. ADJUDICATION OF BENAMI PROPERTY
172
SECTION 27. CONFISCATION AND VESTING OF BENAMI PROPERTY
178
SECTION 28. MANAGEMENT OF PROPERTIES CONFISCATED
182
SECTION 29. POSSESSION OF THE PROPERTY
183
FREQUENTLY ASKED QUESTIONS {FAQS)
184
Chapter 5
Appellate Tribunal
SECTION 30. ESTABLISHMENT OF APPELLATE TRIBUNAL
194
SECTION 31. COMPOSITION, ETC., OF APPELLATE TRIBUNAL
194
SECTION 32. QUALIFICATIONS FOR APPOINTMENT OF CHAIRPERSON AND MEMBER OF APPELLATE TRIBUNAL
195
SECTION 33. TERMS AND CONDITIONS OF SERVICES OF CHAIRPERSON AND MEMBERS OF APPELLATE TRIBUNAL
196
SECTION 34. TERM OF OFFICE OF CHAIRPERSON AND MEMBERS
197
SECTION 35. REMOVAL OF CHAIRPERSON AND MEMBER FROM OFFICE IN CERTAIN CIRCUMSTANCES
197
SECTION 36. VACANCIES, ETC., NOT TO INVALIDATE P ROCEEDINGS OF APPELLATE TRIBUNAL
199
SECTION 37. RESIGNATION AND REMOVAL
199
SECTION 38. MEMBER TO ACT AS CHAIRPERSON IN CERTAIN CIRCUMSTANCES
199
SECTION 39. STAFF OF APPELLATE TRIBUNAL
200
SECTION 40. PROCEDURE AND POWERS OF APPELLATE TRIBUNAL
200
Section 40(1)–It provides that
201
SECTION 41. DISTRIBUTION OF BUSINESS AMONGST BENCHES OF APPELLATE TRIBUNAL
204
SECTION 42. POWER OF CHAIRPERSON OF APPELLATE TRIBUNAL TO TRANSFER CASES
205
SECTION 43. DECISION TO BE BY MAJORITY
205
SECTION 44. MEMBERS, ETC., TO BE PUBLIC SERVANTS
205
SECTION 45. BAR OF JURISDICTION OF CIVIL COURTS
206
SECTION 46. APPEALS TO APPELLATE TRIBUNAL
206
SECTION 47. RECTIFICATION OF MISTAKES
209
SECTION 48. RIGHT TO REPRESENTATION
211
SECTION 49. APPEAL TO HIGH COURT
212
FREQUENTLY ASKED QUESTIONS {FAQS)
219
Chapter 6
Special Courts
SECTION 50. SPECIAL COURTS
227
SECTION 51. APPLICATION OF CODE OF CRIMINAL PROCEDURE, 1973 TO PROCEEDINGS BEFORE SPECIAL COURT
229
SECTION 52. APPEAL AND REVISION
230
FREQUENTLY ASKED QUESTIONS (FAQS)
231
Chapter 7
Offences and Prosecution
SECTION 53. PENALTY FOR BENAMI TRANSACTION
234
SECTION 54. PENALTY FOR FALSE INFORMATION
237
SECTION 55. PREVIOUS SANCTION
238
FREQUENTLY ASKED QUESTIONS (FAQS)
239
Chapter 8
Miscellaneous
SECTION 56. REPEAL OF PROVISIONS OF CERTAIN ACTS
244
SECTION 57. CERTAIN TRANSFERS TO BE NULL AND VOID
247
SECTION 58. EXEMPTION
248
SECTION 59. POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS, ETC
249
SECTION 60. APPLICATION OF OTHER LAWS NOT BARRED
251
SECTION 61. OFFENCES TO BE NON-COGNIZABLE
252
SECTION 62. OFFENCES BY COMPANIES
253
SECTION 63. NOTICE, ETC., NOT TO BE INVALID ON CERTAIN GROUNDS
258
SECTION 64. PROTECTION OF ACTION TAKEN IN GOOD FAITH
258
SECTION 65. TRANSFER OF PENDING CASES
259
SECTION 66. PROCEEDINGS, ETC., AGAINST LEGAL REPRESENTATIVE
260
SECTION 67. ACT TO HAVE OVERRIDING EFFECT
261
SECTION 68. POWER TO MAKE RULES
262
SECTION 69. LAYING OF RULES AND NOTIFICATIONS BEFORE PARLIAMENT
264
SECTION 70. POWER TO REMOVE DIFFICULTIES
265
SECTION 71. TRANSITIONAL PROVISION
266
[SECTION 72]. REPEAL AND SAVING
267
FREQUENTLY ASKED QUESTIONS {FAQS)
270
Chapter 9
Comparison with Other Acts and Suggestions
(A) COMPARISON OF THE PROVISIONS OF THE BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY) ORDINANCE, 1988 WITH THE AMENDED PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988
282
(B) COMPARISON OF THE PROVISIONS OF THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 WITH THE AMENDED ACT (AMENDED IN 2016) I.E., PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988
282
(C) COMPARISON OF BENAMI ACT, 1988 WITH PREVENTION OF MONEY LAUNDERING ACT, 2002
284
(D) COMPARISON OF AMENDED BENAMI ACT, 1988 WITH INCOME TAX ACT, 1961
286
(E) SUGGESTIONS
288
Chapter 10
Appendices
I. THE BENAMI TRANSACTIONS (PROHIBITION OF THE RIGHT TO RECOVER PROPERTY) ORDINANCE, 1988
292
II. THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 (45 OF 1988)
293
III. THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016
295
IV. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988 (45 OF 1988)
325
V. THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS RULES, 2016
354
VI. NOTIFICATIONS ISSUED UNDER THE ACT
359
VII. SCHEDULE
361
VIII. RELEVANT SECTIONS OF CODE OF CRIMINAL PROCEDURE, 1973
378
IX. RELEVANT SECTIONS OF INDIAN PENAL CODE, 1860
392
RELEVANT SECTIONS OF CODE OF CIVIL PROCEDURE, 1908
394
XI. RELEVANT SECTIONS OF TRANSFER OF PROPERTY ACT, 1882
394
XII. RELEVANT SECTIONS OF INDIAN EVIDENCE ACT, 1872
395
XIII. RELEVANT SECTIONS OF INDIAN SUCCESSION ACT, 1925
395
XIV. RELEVANT SECTIONS OF INDIAN PARTNERSHIP ACT, 1932
395
XV. RELEVANT SECTIONS OF THE INCOME-TAX ACT, 1961
396
XVI. RELEVANT SECTIONS OF PREVENTION OF MONEY LAUNDERING ACT, 2002
411
XVII. RELEVANT SECTIONS OF COMPANIES ACT, 2013
413
XVIII. RELEVANT EXTRACTS FROM FINANCE ACT, 2016
416
XIX. RELEVANT EXTRACTS FROM FINANCE ACT, 2021
416
XX. RELEVANT SECTIONS OF INDIAN TRUSTS ACT, 1882
417
Additional information
BINDING
PAPERBACK
AUTHOR
Pawan Singh Tomar, Sunil Kumar Gupta
EDITION
2024
ISBN
9789356037175
PUBLICATION
COMMERCIAL LAW PUBLISHERS (INDIA) PVT LTD
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